Privacy statement

This statement provides information on how our office handles personal data that is processed in the course of its work and services.

Our contact details

Ellens & Lentze, notary and mediation
Parkstraat 93
2514 JH  ‘s-Gravenhage
Contact person: Ms C. de Roode-Korving
email address: c.deroode@ellenslentze.nl

Our services

Our office only requests your personal data for the following purposes:

• carrying out assignments for advice or other services;
• to comply with statutory duties and obligations; or
• for the purposes for which you have given specific consent.

Your data will not be processed for other purposes without your consent.

Personal data is requested for the drawing up of a notarial deed, a private deed or for carrying out another assignment.

Rules on personal data in notarial deeds

When our office draws up a notarial deed containing your personal data, the notary must comply with statutory rules. These affect the processing of personal data:

• The notary is required to include certain (personal) data in the deed. Your data is therefore processed on a statutory basis.
• The notary is required to keep the signed deed containing your personal data permanently.
• Once the deed has been signed by the notary, it becomes an official piece of evidence. Nothing may then be changed, even if the personal data is incorrect. If changes are necessary, the notary must draw up a new deed containing the amendment.
• The notary is required to verify certain (personal) data in the Personal Records Database (BRP), Trade Register, Land Registry, Matrimonial Property Register, Insolvency Register, Guardianship Register and Estate Register.
• The notary is required to verify your identity. For that purpose, the notary must request a valid identity document from you. The notary is one of the few persons who is also permitted to copy it with all the data on it.
• Your personal data is subject to the notary's professional secrecy. Unauthorised persons do not gain access to the data.

Advice and other services

The following applies to other processing of personal data by our office:

• The processing of personal data from the Personal Records Database (BRP) serves the following purposes and corresponding legal bases:
  • verification of personal data
  • verification of power of disposal
• The processing of (legal entity) data from the Trade Registers serves the following purposes and corresponding legal bases:
  • verification of data on the legal entity and persons associated with it
  • verification of power of disposal
• The processing of Land Registry data serves the following purposes and corresponding legal bases:
  • verification of registered property
  • verification of power of disposal
  • verification of the transaction
• The processing of personal data from the Insolvency Register takes place on the basis of a legitimate interest, namely:
  • verification of legal capacity
• The processing of personal data from the Guardianship Register takes place on the basis of a legitimate interest, namely:
  • verification of legal capacity
• The processing of personal data from the Estate Register takes place on the basis of a legitimate interest, namely:
  • performance of a statutory duty

Source of processed personal data

If our office processes personal data about you that we have not obtained from you directly, this will always take place in the context of the assignment entrusted to us. The source of that data will then be one of the following:

• Public registers, including the Land Registry
• Estate agent or other adviser in connection with a purchase agreement to which you are one of the parties
• Donor
• Tax adviser/accountant in connection with an agreement or legal structure to be realised to which you are one of the parties
• Lender (mortgage) loan

Disclosure of your personal data

Our office only discloses your personal data to others (third parties) if this is legally required or if it is truly necessary to carry out the work.

Our office does not transfer personal data outside the EU or to an international organisation.

Retention of your personal data

Our office does not retain your personal data for longer than necessary for the purpose for which it was collected, for the performance of statutory duties and compliance with statutory obligations, or for the performance of agreements (think of limitation periods). Retention periods under statutory provisions such as the Notaries Act (Wet op het notarisambt) and the Archives Act apply. Notarial deeds are kept permanently.

Your rights regarding personal data processed by us

When your personal data is processed by our office, you can exercise the rights below on the basis of the General Data Protection Regulation.

You do this by submitting a request (preferably in writing) using the contact details in this privacy statement. Before we grant your request, we will first identify you by means of a valid identity document.

Right of access of the data subject

You can always request which personal data our office processes, for what purpose, and how long it is retained. There may be a statutory basis on which we cannot comply with your request; we will assess this and inform you accordingly.

Right to rectification

If you believe that certain data has not been processed correctly, you have the right to request rectification of that data. If this concerns data in a notarial deed, that is not possible and a new deed will have to be drawn up to supplement the incorrect deed.

Right to erasure (right to be ‘forgotten’)

If you want your personal data to be deleted, you can submit a request for this. If the data is contained in a notarial deed, the notary may not delete it.

Right to restriction of processing

If you wish to restrict the processing of personal data by our office (pending a rectification of your personal data requested by you, an objection to processing, or because you specifically do not want data to be deleted even though the processing is unlawful), you can submit a request for this.

Right to data portability

If your personal data is not processed for a notarial deed and you wish to transfer the personal data to another service provider, you can submit a request for this. Such a transfer is not always possible, however, as statutory notarial duties may prevent it.

Possible restrictions on the exercise of your rights under the General Data Protection Regulation

Our office does everything possible to comply with your rights under the General Data Protection Regulation. However, it may happen that these rights conflict with other statutory provisions such as the Notaries Act (Wet op het notarisambt). If, for that reason, the notary is unable to comply with one of the stated requests, you will be informed of this in writing.

Complaints about the processing of your personal data by our office

If you have complaints about the processing of personal data by our office, we would be glad to hear them via c.deroode@ellenslentze.nl 

You also have the right to lodge a complaint with the supervisory authority, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). You can do so via the website www.autoriteitpersoonsgegevens.nl.